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PEOPLE v. SUPERIOR COURT

Docket Nos. 1549, 1134.

20 Cal.App.3d 384 (1971)

97 Cal. Rptr. 646

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF TULARE COUNTY, Respondent; RICHARD ALLAN MARTIN et al., Real Parties in Interest. THE PEOPLE, Plaintiff and Appellant, v. RICHARD ALLAN MARTIN et al., Defendants and Respondents. (Consolidated Appeals.)

Court of Appeals of California, Fifth District.

September 30, 1971.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Daniel J. Kremer and Loren E. McMaster, Deputy Attorneys General, for Petitioner in Civ. No. 1549 and for Plaintiff and Appellant in Crim. No. 1134.

Ashman, Beverly & Hannon, David A. Ashman and Michael Hannon for Real Parties in Interest in Civ. No. 1549 and for Defendants and Respondents in Crim. No. 1134.

No appearance for Respondent in Civ. No. 1549.

OPINION

GARGANO, J.

Defendants were charged with possession of marijuana in violation of section 11530 of the Health and Safety Code. They moved to suppress the evidence pursuant to Penal Code section 1538.5 and to dismiss the information pursuant to section 995 of the Penal Code; both motions were granted. The People appeal from the order of dismissal and seek a writ of mandate to vacate the order of suppression. Since the court...

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